BUCKFIELD — Selectmen voted Tuesday to accept the legal opinion that no further action is necessary regarding Selectman Maida DeMers-Dobson’s resignation as ballot clerk.
Since DeMers-Dobson’s resignation as ballot clerk on March 22, numerous residents have questioned whether her appointment and resignation were handled appropriately.
The original opinion from a Maine Municipal Association attorney in March recommended that DeMers-Dobson should not hold both positions simultaneously because selectmen typically appoint ballot clerks and handle compensation terms.
After the resignation, residents Martha Catevenis and Vivian Wadas continued to question whether the situation was handled correctly and whether DeMers-Dobson should lose her selectman’s seat.
Town Manager Cindy Dunn went back to the Maine Municipal Association for further clarification and received information July 13 from attorney Susanne F. Pilgrim, director of the MMA Legal Services Department.
“In my opinion, no, the selectwoman is not out of office by virtue of appointment to the ballot clerk position,” Pilgrim’s statement said. “It would require a court to actually determine that an incompatibility exists and to rule that a person is out of office. In situations where we think a court would be likely to find two offices incompatible, we advise officials to avoid holding those two offices simultaneously to avoid the risk that a legal challenge is brought and a court does find that a person was out of office by virtue of holding incompatible positions.
“It is possible that (the state law) could also apply to prevent a selectperson from holding the ballot clerk position if the selectboard has raised the compensation of the ballot clerk position during that selectperson’s term,” she wrote. “However, this statute would not cause a selectperson to vacate the selectboard office.
“At this point, I don’t think the selectboard needs to take any additional action,” Pilgrim concluded.
Board of Selectmen Chairman Warren Wright made a motion to accept the legal opinion. DeMers-Dobson seconded the motion and it passed. Selectman Michael Iveson was absent.
“This finding verifies that what we have done last fall was correct,” DeMers-Dobson said. “That, in my opinion, this is somewhat of a witch hunt that was engaged upon by some community members and, fortunately, the finding supports what we did … Hopefully, this puts it to bed entirely.”
In other news, the board:
• Tabled a decision to join the Oxford Hills Chamber of Commerce because they are still waiting for information on benefits of the membership; and
• Authorized the town manager to begin shopping for a used forklift for the transfer station because the current one needs $12,500 worth of repairs and is too old to justify making repairs.
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